Paralegal Advanced Competency Exam (PACE) Practice Exam

What distinguishes defamation via libel from other forms of defamation?

1. Libel is spoken, while other forms are written

2. Libel involves written statements that damage a reputation

3. Libel requires proof of intent to harm

4. Libel is less serious than slander

The correct answer is: Libel involves written statements that damage a reputation

Defamation through libel specifically refers to defamatory statements that are made in a written or published form, which can include anything from printed articles to social media posts. This distinction is crucial because it categorizes libel as a separate type of defamation that involves tangible evidence (the written statement) that can be analyzed for its potential to harm an individual's reputation. In contrast, slander involves spoken words or transient statements that are made without permanence in the same way that written statements have. While both forms of defamation cause damage to a person's reputation, libel is often seen as more harmful due to its lasting nature, as the written word can reach a wider audience and persist over time. Other options don't accurately reflect the legal definitions and requirements surrounding libel. For example, the assertion that libel requires proof of intent to harm is misleading since, generally, defamation claims don't always necessitate proving that the speaker or writer had an intention to cause harm, particularly in cases involving public figures where actual malice must be shown. Additionally, the notion that libel is less serious than slander contradicts common perceptions; libel is typically viewed as more severe due to its permanence and potential for widespread dissemination.